Free Notice (Other) - District Court of Federal Claims - federal

Case 1:06-cv-00934-FMA

Document 41

Filed 07/31/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) ) Defendant. ) ____________________________________) KAW NATION OF OKLAHOMA,

No. 06-cv-00934 L Judge Francis M. Allegra

REPORT ON DOCUMENT PRESERVATION ORDER COMPLIANCE Defendant hereby provides notice regarding the Court's document preservation order ("DPO") as entered on October 24, 2007, Docket No. 22 (Dkt. No. 22), and modified on February 19, 2008, Dkt No. 36. In paragraph 4 of the DPO, this Court ordered the parties to "immediately notify this court if, at any time, they become aware of a violation of this order (e.g., the destruction or loss of documents)." Nothing so dramatic as loss or destruction has occurred; instead, on July 30, 2008, the Department of the Interior realized that, in May 2008, the Office of the Special Trustee inadvertently transferred a small set of documents to the American Indian Records Repository (AIRR) in Lenexa, Kansas, in violation of DPO paragraph 2(a) as modified by this Court's February 19, 2008, Order. The Office of the Special Trustee sent to the AIRR three documents consisting of approximately twenty pages of Relevant Records as defined in the October 24 Order. By a phone call on July 31, 2008, Defendant provided timely notice to Plaintiff of the document movement. It filed this document shortly thereafter. Defendant intends to investigate this incident further and will provide additional information soon.

Case 1:06-cv-00934-FMA

Document 41

Filed 07/31/2008

Page 2 of 2

Dated July 31, 2008

RONALD J. TENPAS Assistant Attorney General /s/ Terry M. Petrie TERRY M. PETRIE United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (303) 844-1383 Fax: (202) 353-2021 Attorneys for Defendants OF COUNSEL: JARED S. PETTINATO ANTHONY P. HOANG United States Department of Justice Environment and Natural Resources Division Natural Resources Section P.O. Box 663 Washington, D.C. 20044-0663 Tel: (202) 305-0203 Tel: (202) 305-0241

SHANI N. WALKER JOSHUA A. EDELSTEIN Office of the Solicitor United States Department of the Interior Washington, D.C. 20240 TERESA E. DAWSON THOMAS KEARNS Office of the Chief Counsel Financial Management Service United States Department of the Treasury Washington, D.C. 20227

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